Judgment No. 16131 of 2024: The Importance of the Defendant's Presence in First-Instance Proceedings

Judgment No. 16131 of January 9, 2024, filed on April 17, 2024, offers an important reflection on the issue of the defendant's presence during trial. In particular, the Court of Appeal of Salerno rejected an appeal, clarifying the conditions for the applicability of Article 585, paragraph 1-bis, of the Code of Criminal Procedure. This provision governs the opportunity to grant a longer period for consultation with the defense counsel in case of the defendant's absence throughout the entire first-instance proceedings.

Conditions for the Applicability of Article 585, Paragraph 1-bis

According to the judgment under review, the provision of Article 585, paragraph 1-bis, applies only if the defendant has been declared absent and has not participated in all first-instance hearings. This specific requirement highlights the legislator's intention to ensure a fair trial by protecting the defendant's right to defense.

Article 585, paragraph 1-bis, Code of Criminal Procedure - Applicability - Conditions. Regarding appeals, the provision of Article 585, paragraph 1-bis, Code of Criminal Procedure, applies solely in cases where the defendant has been declared absent and has not appeared throughout the entire first-instance proceedings. (In its reasoning, the Court clarified that the "ratio" of the provision lies in the need to allow someone who has not participated in even one hearing a broader timeframe to consult, regarding any potential appeal, with the defense counsel who represented them in their absence).

Reflections on the Judgment

The Court rightly emphasized that the defendant's presence is essential to ensure the adequate exercise of the right to defense. Indeed, the defendant's absence during the trial not only limits their ability to defend themselves but can also compromise the fairness of the proceedings. In this context, the judgment aligns with the principles enshrined in the European Convention on Human Rights, which guarantees the right to a fair trial.

• The defendant's presence as a fundamental right.
• The crucial role of the defense counsel in the defendant's absence.
• The practical implications of the judgment for future criminal proceedings.

In conclusion, Judgment No. 16131 of 2024 reaffirms the importance of the defendant's presence in criminal proceedings, highlighting how their absence can negatively affect the right to defense. This principle not only protects the defendant but also contributes to the legitimacy and fairness of the judicial system as a whole.

Conclusions

In summary, the decision of the Court of Appeal of Salerno represents a significant step in strengthening the rights of defendants within criminal proceedings. Understanding the conditions for the applicability of Article 585, paragraph 1-bis, is fundamental for anyone operating in the legal field and for defendants themselves, so that they can fully exercise their right to defense.